Bapu Mahadu Koli vs The Special Land Acquisition ...
2024 Latest Caselaw 14078 Bom

Bombay High Court

Bapu Mahadu Koli vs The Special Land Acquisition ... on 3 May, 2024

2024:BHC-AUG:9652




                                              ..1..                  928-ca-4566-24

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           928 CIVIL APPLICATION NO. 4566 OF 2024
                                       IN FA/3258/2016

                                     BAPU MAHADU KOLI
                                          VERSUS
               THE SPECIAL LAND ACQUISITION OFFICER-2, UPPER TAPI PROJECT,
                                          HATNUR,
                                              ...
                           Advocate for Applicant : Mr. D. B. Pokale
                        AGP for Respondents - State : Mr. D. B. Bhange
                     Advocate for Respondent No.3 : Mr. Subhash Chillarge
                                              ...

                                CORAM      : Y. G. KHOBRAGADE, J.

                                DATE       : 03.05.2024
              PER COURT :

              1.    Heard both sides.

2. By the present application, the applicant/original claimant

prayed for permission to withdraw remaining amount of compensation

deposited by the non-applicant No.3 / acquiring body on the ground

that the applicant/ claimant is old aged person and he is in need of

money.

3. Needless to say that on 12.12.2019 this Court already passed

order in Civil Application No.14022/2019 in First Appeal No.

3258/2016 along with other connected matters and permitted the ..2.. 928-ca-4566-24

applicant / original claimant to withdraw 25% amount on furnishing

usual undertaking and 25% by solvent surety. Further, the present

applicant / claimant already withdrawn some amount from the trial

Court. Therefore, I do not find that the applicant is entitled for other

remaining amount, because if the impugned Judgment and Award is

reversed, in that circumstances it will not be possible to the acquiring

body to recover the same.

4. Accordingly, the application is rejected.

(Y. G. KHOBRAGADE, J.)

shp